SRINAGAR: The Jammu Kashmir and Ladakh High Court has upheld an award of Rs 15.74 lakh in compensation to the dependents of a tanker driver who died of cardiac arrest while returning from Kashmir after unloading the vehicle, holding that the death was attributable to the stress and strain of his employment.
Justice Shahzad Azeem dismissed an appeal filed by Oriental Insurance Company Ltd against the June 27, 2022 award of the Assistant Labour Commissioner, Rajouri, which had granted Rs 15,74,400 along with 12 per cent annual interest to the dependents of Khadam Hussain.
The court pronounced the judgment on September 28, 2026, after reserving it on September 24.
Hussain, who was employed as the driver of an oil tanker bearing registration number JK02CP-1586, owned by Abdul Hanif, died on May 21, 2021, at Pampore while returning after unloading the tanker in Kashmir.
According to the record, Hussain became unconscious at Pampore and was taken to SDH Pampore, where he was declared dead. The daily diary record and post-mortem report recorded cardiac arrest as the cause of death.
The insurance company had challenged the compensation award, arguing that cardiac arrest had no sufficient connection with Hussain’s employment and that there had also been a violation of the insurance policy.
The High Court, however, noted that the claimants had produced evidence that Hussain suffered the cardiac arrest because of the stress and strain associated with his duty. His widow, Jan Begum, testified about his employment, salary and the circumstances of his death, while the tanker’s cleaner/conductor, Mohd Asif, corroborated the account of the trip and Hussain’s collapse.
The court also noted that the insurer had led no evidence to establish the alleged policy violation.
Justice Azeem held that the evidence supported the Assistant Labour Commissioner’s finding that Hussain’s death occurred during his employment and that his cardiac arrest had a reasonable nexus with the stress and strain of long-distance tanker driving during the return journey from Kashmir.
The court distinguished the Supreme Court judgment in Shakuntala Chandrakant Shresti v Prabhakar Maruti Garvali, relied upon by the insurer, observing that in that case the connection between the deceased’s cardiac death and employment had neither been adequately pleaded nor proved.
The High Court relied instead on Supreme Court rulings in Mst. Param Pal Singh v M/s National Insurance Co. and Smt. Dariyao Kanwar v M/s United India Insurance Co. Ltd., which recognised occupational strain associated with long-distance driving as a contributing factor in deaths occurring during employment.
The court held that Hussain died of a heart attack attributable to stress and strain arising from the nature of his duties while returning from Kashmir after unloading the oil tanker. As the vehicle was insured and no breach of the policy had been established, the insurer was liable to indemnify the owner.
Holding that the findings of the Assistant Labour Commissioner were neither perverse nor contrary to law, the court upheld the compensation award and dismissed the insurance company’s appeal.
